N.Y. CPLR § 6345
N.Y. CPLR § 6345 - Request for Renewal of an Extreme Risk Protection Order (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6345 Request for renewal of an extreme risk protection order. 1 § 6345. Request for renewal of an extreme risk protection order. 1. Ifa petitioner believes a person subject to an extreme risk protectionorder continues to be likely to engage in conduct that would result inserious harm to himself, herself, or others, as defined in paragraph oneor two of subdivision (a) of section 9.39 of the mental hygiene law,such petitioner may, at any time within sixty days prior to theexpiration of such existing extreme risk protection order, initiate arequest for a renewal of such order, setting forth the facts andcircumstances necessitating the request. The chief administrator of thecourts shall adopt forms that may be used for purposes of suchapplications and the court's consideration of such applications. Thecourt may issue a temporary extreme risk protection order in accordancewith section sixty-three hundred forty-two of this article, during theperiod that a request for renewal of an extreme risk protection order isunder consideration pursuant to this section.2. A hearing held pursuant to this section shall be conducted in thesupreme court, in accordance with section sixty-three hundredforty-three of this article, to determine if a request for renewal ofthe order shall be granted. The respondent shall be served with writtennotice of an application for renewal a reasonable time before thehearing, and shall be afforded an opportunity to fully participate inthe hearing. The court shall direct service of such application and theaccompanying papers in the manner and in accordance with the protectionsfor the petitioner set forth in subdivision six of section sixty-threehundred forty-two of this article.